RICE v. COLLINS (2023)

Missouri Court of Appeals, Western District.

Daniel R. RICE and Shannon D. Collins, Appellants, v. Frances L. COLLINS, et al., Respondents.

WD 85786

Decided: October 17, 2023

Before Division Three: Karen King Mitchell, P.J., and Alok Ahuja and Edward R. Ardini, Jr., JJ.

Jonathan Sternberg, Kansas City, for Appellants. Joseph D. Baker, Osceola, for Respondent Frances Collins, Raymond E. Williams, West Plains, for Respondent Raymond Williams.

ORDER

Daniel Rice and Shannon Collins purchased real estate in Vernon County at a court-ordered partition sale. More than three years after the partition sale, the purchase transaction had failed to close. The partition court ordered that a new partition sale be held. The court also rejected Rice and Collins’ request to specifically enforce their purchase contract. Following the partition court's rulings, Rice and Collins filed a separate action seeking specific performance of the purchase contract. The circuit court dismissed the specific performance action pursuant to the “pending action” or abatement doctrine, because the same issues were pending between the same parties in the partition case. Rice and Collins appeal. We modify the judgment to reflect that the dismissal of the specific performance action is without prejudice; as modified, the judgment is affirmed. See Rules 84.14, 84.16(b).

PER CURIAM:

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